GR 133495
September 3, 1998
MENDOZA, J
Petitioner: Benjamin U. Borja, Jr.
Respondents: COMELEC, Jose T. Capco, Jr.
Facts: Capco, Jr was elected vice-mayor of Pateros in 1988 for a term ending June 30, 1992. On September 2, 1989, he became mayor, by operation of law, upon the death of the incumbent, Cesar Borja. For the next two succeeding elections in 1992 and 1995, he was again re-elected as Mayor. On March 27, 1998, Petitioner sought Capco’s disqualification on the theory that the latter would have already served as mayor for three consecutive terms by June 30, 1998 and is therefore ineligible to serve for another term.
Issue: Did Capco serve his three-terms?
Held: No. Capco is still eligible for his second re-election as he has not served his third term. The Constitution should be understood bearing in mind the object sought to be accomplished by its adoption and the evils if any sought to be prevented or remedied. Article X of the Constitution does not only seek to prevent the establishment of political dynasties but also to preserve the freedom of choice of the people that is why the Constitutional Commission rejected a proposal to perpetually disqualify local and legislative officials from running for the same position after their three-term limit.
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